Stigma of Hiring an Injury Attorney

The Type Of Person This Post Is Written For:

Here at Smiley Law Firm, we see certain scenarios time and time again.
In the world of personal injury claims there are two types of clients:

  1. Those who are looking for any chance to get into an accident so they can collect from the insurance company
  2. Those who suffered an injury and would not make a claim against the insurance company because they feel it is wrong or they have not suffered the type of injury that would make for a good claim.

The second type of person is the focus of this post.

Learn More From Smiley Law Firm’s Injury Blog

Here at Smiley Law Firm, we write about the topic of personal injury extensively. This may be the most popular topic for our clients and the public.
We love helping personal injury victims because they need legal help but usually do not know what is available.
As personal injury attorneys, we believe in educating our clients and the public with the most up to date information available. We have a number of blogs and articles covering the following topics.
Please read the blogs below and leave comments if you find the information helpful.

The Focus Of This Post – Personal Injury Attorney Stigma

The second type of person is the focus of this post.

The person in I am speaking to with this post is the type that meets any number of the following characteristics:

• They’ve never made an insurance claim before or never made an injury claim before;
• They are not sure if they have a claim;
• They have private health insurance, not Medicare or Medicaid;
• They think their insurance premium will go up if they make a claim;
• They are not sure if they have a case;
• They were in an accident, treated with their normal doctors, and now feel better – so they do not think they are entitled to compensation;
• They don’t want to be attached to the stigma of hiring an “injury” attorney as they see on the TV and billboard ads;

If you meet any of these characteristics, then this post is for you!

Usually, these people are the type that “don’t need the money” or do not want to deal with the annoyance of filing an insurance claim which may later end up in a lawsuit. This person does not want to sue the person who was at fault in the auto accident or negligently caused them pain and suffering.

The Problem:

There are a number of problems with the line of thinking listed out above. This is exactly what the insurance companies want you to think!

Insurance companies perpetuate a myth that making claims are bad, that you are not entitled to compensation for your injuries, and that personal injury attorneys are bad.

Here at Smiley Law Firm, we help clients get over these fears daily.

Many come in to our offices thinking the same way on day one, then after the injury case has resolved they wonder why they did not act sooner.

You can act now by scheduling a consultation with Smiley Law Firm today.

Just because your medical insurance paid for the medical bills to get you well again, does not mean that you [and your medical insurer] are not entitled to be repaid. Further, you can be repaid additionally for pain and suffering.

I get it, hiring a personal injury attorney is not fun. This is not something you will run out and tell all of your friends.

However, I know you will run out and tell your friends when you get a substantial settlement check. I know this because I see it all the time!

Spoiler alert: we are not miracle workers. If you don’t have a claim we will let you know as soon as humanly possible so that we do not waste your time [or ours!].

Understanding Of The Legal Process:

To further the problem, most of the people who have these claims simply do not understand the legal process for making insurance claims.

This is normal and completely understandable.

Before I became a lawyer, I felt the same way. I was raised to not be seen as greedy or out to make a quick buck.

This mindset is just what big insurance companies want us to think. The legal process is set up to help people like us.

The legal process is set up so we can fight against big business. Insurance is not only a big business, but it is also a HUGE business.

I see it all the time, someone missed a payment on their premium, but have been paying this insurance company for years, boom, no coverage.

Insurance companies are not our friends. The government mandates we get coverage, most of the time not enough coverage, then we are bullied into not making claims where we are legally entitled to be repaid for our expenses, time, pain and suffering. This is real.

insurance claims legal process

How We Help:

Luckily, if you are still reading, you are in the right place. We are here to help guide our injury clients through this process. We make the process as painless as possible with very little interruption in our client’s daily lives.

Smiley Law Firm has an experienced team of attorneys and non-attorney staff that work tirelessly to make sure our clients get the best possible outcome.

We are easy to get in touch with, friendly, and genuinely care about our clients. We are a small firm so we can give extra attention to each client that they deserve.

You will always be treated with respect because without our clients we are nothing.

The Process:

The process of making an injury claim is nothing new. We admittedly are not inventing anything however, I think the personal aspect of personal injury has been lost by many.

We know our clients are going through tough times and do not want to be bothered by this uncomfortable situation longer than necessary.

We start by meeting with you in a consultation.

This consultation is where you learn about our team and law firm philosophy of handling legal matters. This is also where we learn about the facts of your case and compare the facts generally to the applicable law.

I say the consultation is an interview by both sides to see if there is a fit.

From there, if the fit is right, you sign up with our firm and allow us to guide you through the legal insurance claim process.

  1. We start by gathering all of the pertinent information such as the police report, accident photos, your version of the facts, insurance information such as medical and auto insurance for all parties, and vehicle information. There may be more or less depending on the type of case.
  2. We formally make the insurance claim and send a letter of representation. After we are formally on board, you can leave all of the hard work to us;
  3. Over the course of the next few months, you will work with your doctors to make sure you get back as close as possible to 100% health;
  4. We gather your medical records and other factual records from the accident;
  5. We battle your insurance company to get you the compensation you deserve based on the law and quantum for your type of injury;
  6. If the insurance company offer is not fair, then we are forced to file a lawsuit against the insurance company for the at-fault driver;
  7. Over the course of the lawsuit, which could take years, we battle for every dollar possible for your claim.
  8. Finally, the case either settles or ends at trial on the merits.

The list above is an illustration of the process and the actual process is infinitely more complicated. The point is that we are here to guide you through this complicated and cumbersome process.

None of this can happen if you don’t set up a consultation and hire an injury attorney.


There are a few outcomes that are typical of a personal injury auto accident claim. Most of the time the attorney can tell in the beginning whether the case will be successful.

Successful means that the client will collect for their losses, pain, and suffering. The outcomes can vary drastically from case to case.


Variables include the fault of the parties. If the adversary is 100% at fault, then it is easy to determine the value of the case depending on the insurance and injuries. However, if there is a dispute of the fault, then the case value can drop dramatically.

A good personal injury attorney will keep the client informed all along the way of a claim as to the determination of fault.

If the fault is 50%/50% then a $10,000 claim will be reduced to $5,000 for the client. Simple math shows fault is a huge deal.


The amount of insurance policies is key to the success of the claim. Any at-fault party who has insurance adds to the value. If you are rear-ended then the person who hits you has coverage.

There is a huge problem here. The law in Louisiana only requires $15,000 as a minimum for insurance coverage. Most other states have a $25,000 minimum.

This amount is very low when it comes to accident injuries, medical bills, pain, and suffering. This is why Uninsured and Under Insured motorist coverage (UM) is so important.

Insurance agents always try to find the lowest price for their clients, therefore one of the first things they pull from coverage to get the premium down is the UM is less common. ALWAYS ask for and purchase UM. This is essential.

If you purchase UM and someone negligently hits you and/or your family, then you will have coverage above that of their smaller policy. It’s the only way for you to protect your loved ones if something terrible happens.


We often have people come to our office and say the other party was at fault and there is a huge insurance policy.

However, they are perfectly ok. There are no injuries.

The reverse happens as well, we have horribly injured people come to our office and there is no insurance coverage. We can do very little to help in either instance.

Hurt people go to the doctor. It is that plain and simple.

Once hurt people go to the doctor, then they need to call a good injury lawyer to analyze the facts to the case to the law. From there we can generally make a determination as to whether there is a good case.

What Happens If You Don’t See An Attorney?

This is the classic example where a person says they got the car fixed, their medical insurance covered the bills so they don’t want to make a claim. This is exactly what the insurance company wants!

Don’t be this person!

Insurance companies love people who do not make claims when they rightfully are entitled to compensation. The legislature has enacted laws making insurance companies follow up with claimants and potential claimants because they would otherwise let the claim expire.

We see it all the time, the insurance company gets richer and richer for every claim that is missed. They also create myths that claims are bad and people who file claims are just money hungry.

This mindset is flawed.

You have a contract with the insurance company, they need to pay when proper claims are made. They will fight to not pay you.

Could you imagine fighting to not pay your insurance premium? No way, they would cancel you right away.

Furthermore, most of the claims are against the at-fault parties insurance. You have no duty to them but they have a duty to pay you for your losses.

Don’t Be That Person!

Don’t be the person who leaves large amounts of money in the pockets of the insurance company because of some improper moral thought.

Your thoughts will surely change, as they do for all our clients, once they go through the process and collect what they are owed.

Getting paid what you deserve is a wonderful sight to see as a personal injury attorney. I hope you fill out a form on this page to schedule an appointment to see if your claim is worth fighting for, you will be glad you did.

Let The Professionals Do The Work!

We help clients by saving them time, increasing the amount of money they get for a claim, and keep their reputation pristine.

We do this by implementing the processes above and working with our clients to ensure the best outcome.

Contact our office today to learn more or if you have questions, simply leave a comment below and we will get back to you quickly.


  1. Seth Smiley

    on July 17, 2019

    Thank you for the comment, please tell your friends! 🙂

  2. Seth Smiley

    on July 17, 2019

    Thank you for the comment. I am sorry to hear about your sister. Please reach out to our firm as we may be able to help. If the accident was not in a jurisdiction where we are licensed then we can help her find a qualified attorney in the proper jurisdiction.

  3. Seth Smiley

    on July 17, 2019

    I’m sorry to hear about your brothers car accident with a drunk driver. We wish him the best and speedy recovery. Thank you for the comment.

  4. Seth Smiley

    on July 17, 2019

    Thank you for the comment.

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  6. Angela Waterford

    on July 15, 2019

    My brother was injured in a car accident because of a drunk driver. I think I should tell him to hire an auto accident attorney in order to address his concerns with the insurance company. Thanks for mentioning that they’ll be able to help him prove that he was harmed by the driver so that he can get compensation for his injuries.

  7. Thomas Jameson

    on July 15, 2019

    It’s good to know that roughly 40% of auto accidents are caused by alcohol. My sister was in a car accident last week where she was t-boned by a driver who might have been drunk. I’ll pass this information along to her so that she can look further into her options for hiring an attorney to help her get the money she deserves from her case.

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  9. Seth Smiley

    on July 12, 2019

    Thank you for the insight on wrongful death claims and comment.

  10. Guiding Your Family Through a Wrongful Death Claim - Types of Law

    on July 12, 2019

    a wrongful death case prior to making any legal decisions. Consult with attorneys who specialize in wrongful death lawsuits. Get a copy of the extended police report. Wait until you get the results of the

  11. Seth Smiley

    on July 12, 2019

    Thank you for the comment. Tell your sister to give us a call and we can point her in the right direction with regards to legal representation for her texting and driving accident.

  12. Seth Smiley

    on July 12, 2019

    Thank you. We appreciate your comments on our legal guide.

  13. Thomas Jameson

    on July 11, 2019

    It’s good to know that you should hire an attorney to help you press charges if you are injured by someone who is texting and driving. My sister was in an accident the other day, and the other driver was a teenage girl who was most likely texting. I’ll pass this information along to my sister so that she can look further into her legal options.

  14. home alone

    on July 9, 2019

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  15. Seth Smiley

    on July 8, 2019

    Great, thank you for the comment.

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  17. Seth Smiley

    on July 8, 2019

    Thank you.

  18. Seth Smiley

    on July 8, 2019

    Yes, I would not play video games in the car. I could see how that would prevent car accidents. Thank you for the comment.

  19. Seth Smiley

    on July 8, 2019

    Thank you for the comment.

  20. Free Stuff

    on July 7, 2019

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  21. GuQinPu

    on July 7, 2019

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  22. garrett superwand

    on July 6, 2019

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  23. Seth Smiley

    on July 5, 2019

    Thanks, Braden. Yes, you should contact a personal injury attorney to discuss your options.

  24. Braden Bills

    on July 5, 2019

    I was in a car accident, and I’m not sure what to do about it. It makes sense that getting a professional lawyer to help with this would be important. They would be able to ensure that I get compensated for this, and can pay my medical bills.

  25. Seth Smiley

    on July 3, 2019

    Gillian, I could not agree with you more. Thank you for the comment.

  26. Gillian Babcock

    on July 3, 2019

    My sister was crossing the street when a speeding motorcycle passed by and she was hit and badly injured. It was explained here that a lot of experience grave injuries from vehicular accidents some of them even die. Moreover, it’s ideal to hire an experienced personal injury lawyer to help her file claims.

  27. Seth Smiley

    on July 2, 2019

    Thank you for the comment. We have a number of other blogs on our site that are helpful. Click around or give us a call for more information on injury claims.

  28. Mellinger

    on July 2, 2019

    great issues altogether, you just won a emblem new reader. What could you recommend in regards to your submit that you just made some days in the past? Any certain?|

  29. Seth Smiley

    on July 2, 2019

    Angela, thank you for the comment. If you or your grandmother need help with the texting and driving accident and injury, please reach out to our firm.

  30. Angela Waterford

    on July 2, 2019

    There was a teenager who injured my grandmother due to texting while driving. I think I’ll hire a car accident lawyer because her life had been irreparably changed. Thanks for pointing out that I’ll be able to point out his negligence with the attorney’s help, so I’ll be sure to hire a good one.

  31. Seth Smiley

    on July 1, 2019

    Thank you for the comment, Jackson!

  32. Jackson Bush

    on July 1, 2019

    I like how you mentioned that an attorney can help establish negligence. My daughter recently got her license and I’m worried that she could get in an accident and automatically blame it on herself because that’s just her personality. I’ll be looking for a reliable attorney for any possible accidents in the future.

  33. Seth Smiley

    on June 28, 2019

    Thanks for the comment

  34. Angela Waterford

    on June 27, 2019

    I had been injured in a car accident last week. As far as I know, the driver who drove the other car was drinking alcohol. Thanks for mentioning that I should call an attorney for this, so I’ll be sure to do that.

  35. GuQinPu

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  37. Thomas Jameson

    on June 19, 2019

    It’s good to know that many car accidents are caused by texting and that you can easily make a legal case against it. My sister was injured in a car accident last week where the other driver was texting. I’ll pass this information along to her so that she can look further into her legal options.

  38. garrett superwand

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  39. Camille Devaux

    on June 12, 2019

    My sister is thinking about getting an auto accident injury service. She would love knowing that she should look for a service that will have a good policy. Finding an auto accident injury service that can offer a good way to get out of court unscathed and helped.

  40. Kate Welling

    on June 11, 2019

    I like how you said that a car accident attorney might be able to help us locate a local repair shop. This is great to know, especially since my husband just got in a car accident. It happened at a busy intersection! I’ll definitely look into finding a personal injury lawyer to help him out.

  41. Stefan Bradley

    on June 11, 2019

    It’s a shame that 40% of accidents are caused by irresponsible drinking, it really makes you worry about your family’s safety. My sister got into a car accident a few years ago and struggled to figure out exactly what to do after the accident. Knowing who to call and what to do next would have saved her a lot of time and prevented her from being too stressed after such a scary experience.

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  43. Sam Li

    on June 6, 2019

    I appreciate what you said about determining which party was at fault during a car crash. Working with a reliable injury attorney is vital if you have been hurt due to the fault of another. If I were to get hurt in an auto accident, I would find an attorney with a winning track record to work with.

  44. Shayla Cademis

    on May 31, 2019

    I didn’t know you could get compensation for things like losing a job, having difficulties with mortgage payments, or getting a divorce after an auto accident. My brother-in-law was in a car accident last week after another driver ran a red light at an intersection. He’s definitely had a few medical bills, but I’ll have to let him know he should be aware of other possible compensations. Hopefully we can help him find a good attorney in his area. Thanks for the info!

  45. Bob

    on May 30, 2019

    I love your personal injury lawyer tips. My father just got hit by a drunk driver. I’ll have to get him a lawyer so he can sue the guy to his last dime.

  46. What to Do if You are in an Auto Accident

    on May 30, 2019

    […] most auto accidents are minor and those involved are able to walk away with serious injuries. Here’s what you need to […]

  47. 4 Tips to Heed After Filing a Personal Injury Insurance Claim - Law Policy

    on May 30, 2019

    […] questions you might have regarding your claim or policy. For example, you might want to know about injury claim values at this stage, as you could be curious about the amount your insurance company will be paying out […]

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